Adopt Resolution #17-08-203 Approving an Encroachment Agreement for a Chain Link Fence in a Drainage and Utility Easement at 7066 167th Crossing NW

The City received a Zoning Permit Application on July 25, 2017 from Jeremy and Melissa Tovsen (the "Applicant") to install a four (4) foot tall chain link fence (the "Fence") in the rear yard of their property located at 7066 167th Crossing NW (the "Subject Property").  A portion of the fence will be located within a larger drainage and utility easement (the "Easement") that is intended to convey drainage from several 'upstream' properties across the rear of the Subject Property to a catch basin to the west.

Notification is not required for consideration of an Encroachment Agreement.

While fences are typically permitted with standard drainage and utility easements without the need for an Encroachment Agreement, this Easement encumbers a larger drainage swale to convey runoff from several properties to the east to a catch basin west of the Subject Property. There is no public infrastructure, such as storm sewer, sanitary sewer or municipal water within the Easement.  The Easement ranges in width from twenty-nine (29) feet to twenty-one (21) feet in width from east to west on the Subject Property.  Since the proposed fence is chain link, it does not appear that it will obstruct free flow of drainage through the swale to the catch basin.  The purpose of this Encroachment Agreement is in case of the formation of blockages at the base of the fence (debris, ice dams, etc.) that could result in water being pushed outside the easement.  The Engineering Department has reviewed this request and supports an Encroachment Agreement that allows the Fence to be installed as proposed on the Zoning Permit Application.

 

Staff is handling this case as part of its normal duties.  If the Encroachment Agreement is approved, the Applicant will be responsible for the cost of recording the document through Anoka County.

Staff recommends approving the Encroachment Agreement.

Motion to adopt Resolution #17-08-203 approving an Encroachment Agreement for the installation of a chain link fence that partially encroaches in the Easement on the Subject Property.